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Homeland Security Investigations Presentation Notes

Overview of Homeland Security Investigations (HSI)

• Forging a New Legacy: Focus on the partnership and collaboration between government agencies and employers through programs like IMG (ICE Mutual Agreement between Government and Employers).

• Best Employment Practices: Emphasis on ethical hiring practices that ensure compliance with immigration laws.

Creation of the Department of Homeland Security (DHS)

• Post-9/11 Response: In the aftermath of the terrorist attacks on September 11, 2001, the Homeland Security Act of 2002 established the DHS.

• Mission: To consolidate various federal agencies focused on protecting the national security of the United States.

• Major Components: Includes agencies such as:

  • U.S. Coast Guard

  • U.S. Customs and Border Protection

  • Transportation Security Administration

  • U.S. Secret Service

  • U.S. Citizenship and Immigration Services

  • Federal Emergency Management Agency

  • U.S. Immigration and Customs Enforcement (ICE)

Formation of ICE

• Establishment Date: ICE was formally established on March 1, 2003, as part of the Homeland Security Act.

• Role and Size: ICE serves as the largest investigative arm of DHS, functioning as a 21st-century law enforcement agency with global reach.

• Law Enforcement Authority: ICE has enforcement authority over more than 400 U.S. federal statutes.

• Core Entities within ICE:

  • Homeland Security Investigations (HSI): Focused on investigating crimes related to immigration and customs.

  • Enforcement and Removal Operations (ERO): Responsible for the enforcement of immigration laws and removal of individuals who violate them.

Worksite Enforcement Strategy

• Historical Context: Enforcement efforts began with the passage of the Immigration Reform and Control Act (IRCA) of 1986.

• Employer Responsibilities:

  • All employers must verify the identity and work eligibility of employees hired after November 6, 1986.

  • Employers are liable for criminal and civil penalties for hiring unauthorized workers.

  • Required to use Form I-9 for verification processes.

HSI's Worksite Enforcement Activities

• Prosecuting Employers: HSI investigates employers who:

  • Commit criminal violations related to unauthorized employment.

  • Are willfully blind to the presence of unauthorized aliens in the workforce.

  • Engage in worker exploitation.

• Prioritized Sites: Focus on critical infrastructure locations, including:

  • Nuclear facilities

  • Airports

  • Chemical plants

• Compliance and Inspections: HSI performs audits of Form I-9 to ensure employer compliance with employment eligibility verification.

• Suspension and Debarment: Protects government interests from contracting with unreliable suppliers.

ICE Mutual Agreement between Government and Employers (IMAGE)

• Program Introduction: Initiated in July 2006 to foster cooperation between government and the private sector.

• Goals of IMAGE:

  • Strengthen hiring practices.

  • Encourage employer compliance in maintaining a lawful workforce.

  • Promote ethical business conduct to prevent the employment of unauthorized workers.

Challenges Faced by Employers

• Counterfeit Documents: Increased use of fake identification papers.

• Identity Theft: Criminal schemes complicating verification of worker identity.

• Complex Regulations: Multiple regulations create difficulties for compliance.

Benefits of Participating in IMAGE

• Brand Protection: Maintain a positive corporate image through a lawful workforce.

• Increased Marketability: Promote corporate responsibility and stability in workforce.

• Workforce Stability: Ensure efficient operations through authorized and reliable workers.

• Legal Protection: Reduces risk of lawsuits related to unauthorized employment.

• Inspection Relief: HSI will refrain from additional Form I-9 inspections for two years after certification.

• Fine Mitigation: Potential fines waived if substantial violations are below 50% of Forms I-9 reviewed.

Training and Compliance

• Training Components:

  • Form I-9: Guidelines for employment eligibility verification.

  • Anti-Discrimination: Provisions under IRCA to ensure fair hiring practices, covering:

    • Citizenship or immigration status discrimination

    • National origin discrimination

    • Document abuse

    • Intimidation or retaliation against employees.

  • E-Verify: An Internet-based verification system allowing electronic checks of new employee eligibility.

  • Fraudulent Document Detection: Training to recognize fraudulent documents and maintain compliance.

Becoming IMAGE Certified

• Certification Process:

  • Receive an IMAGE presentation.

  • Complete a Self-Assessment Questionnaire.

  • Sign an official IMAGE Agreement with HSI.

• Obligations Upon Certification:

  • Enroll in E-Verify within 60 days.

  • Establish a hiring policy within 120 days.

  • Conduct annual I-9 audits and permit HSI inspections.

Continued Support from HSI

• Collaboration: Assist in resolving discrepancies from inspections and provide training resources.

• Public Recognition: Acknowledge companies participating in the IMAGE program as partners in compliance.

Current IMAGE Members

• Notable members include:

  • General Dynamics

  • City of Palmdale

  • Tyson Foods, Inc.

  • Bacardi Corporation

  • Others as listed.